Online Nanny Terms & Conditions
Please read these Terms of Use carefully before booking 'The Children's Online Nanny' service. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
Information About Us
Welcome to “The Children’s Online Nanny & English Tuition” brought to you by Evelyn & Bloom Ltd, an online childcare service that provides Nanny sessions to help to improve conversational English in children ages 3-9 years (the “Service”). The Service is owned and operated by Evelyn & Bloom Ltd. (“we”, “us”, “our”, the “Company”). These terms and conditions are in addition to the Website Terms & Conditions and our Childcare terms & conditions and only apply to the sale of any Online Individual Nanny Session or Package & Subscription Classes.
Please read these terms and conditions carefully before purchasing an Online Individual Nanny Session or Package & Subscription Classes and print off a copy for your records. If there is any conflict between our Website Terms & Conditions, these terms and conditions and any Class Specific Terms and Conditions which might apply to a specific Online Individual Nanny Session or Package & Subscription Classes then the conflict shall be resolved by applying the following order of priority:
1. Course Specific Terms and Conditions;
2. These Standard Terms for the Purchase of Online Individual Nanny Session or Package & Subscription Classes;
3. Website Disclaimer.
For purchases via our website, by clicking on the “Schedule Event” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Client” means the adult who is purchasing the Online Individual Nanny Session or Package & Subscription Classes for the students.
"Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Evelyn & Bloom Ltd to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Evelyn & Bloom Ltd for the Services.“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Nanny” means the Online, Qualified, Native English Tutor for the student’s booked sessions.
“Online Nanny Session" means the delivery by us of Online English Tuition pursuant to which the student is entertained & learns English remotely with one of our qualified, native English nannies.
“Services” means the provision of the Online Individual Nanny Session or Package & Subscription Classes and the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by email.
“Students” means your child/children who are participating in the Online Nanny Sessions.
“Website” means www.evelynandbloom.com.
“you” means the individual purchasing the Services. This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information
2. The Services
2.1. A description of the Services together with the dates our Services are available for booking are available on our Website here. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. In order to purchase any of the Services online you must follow the booking instructions through our Calendly link or email links provided.
3.2. To purchase a Package or Monthly Subscription Service via email, you must contact hello@evelynandbloom.com.
3.3. When you place an order for a Service via the Website or email you are offering to purchase the Services on these terms and conditions. Evelyn & Bloom Ltd reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or email we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Evelyn & Bloom Ltd does not and is not responsible for booking any examination with any professional body or examination board.
4. Cancellations & Variations
4.1. If you have purchased an Online Individual Nanny Session or Package & Subscription Classes then the booking & cancellation rules apply as follows:
Payment due in full at time of booking via the payment link.
Cancellation penalties vary based on packages purchased.
On Demand Lessons
One time booking can be made 24+ hours in advance based on availability.
More than 48 hours = 50% refund or free change of date
48- 24 hours = Free change of date
Less than 24 hours = 100% charge 6 week course:
6 week package
6 consecutive weeks
Weekly or biweekly lessons to be booked at the same day and time.
More than 24 hours = One free change of date (after this 100% charge)
Less than 24 hours = 100% charge
Monthly Subscriptions
Minimum of two months booking applies.
Weekly or biweekly lessons to be booked on the same day and time
More than 24 hours = One free change of date per month (after this 100% charge)
Less than 24 hours = 100% charge
4.2. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Evelyn & Bloom Ltd.
4.3 If cancellation is due to teacher unavailability then you are entitled to an additional free reschedule date for this class.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website and payment links will be sent via email for booking packages or subscriptions.
5.2. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase or for packages & subscriptions an invoice will be sent and paid via bank transfer or card. Fees must be paid in full prior to you attending any Online Individual Nanny Session or Package & Subscription Classes.
5.3. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Evelyn & Bloom Ltd shall not be responsible for these.
5.4. You shall be responsible for all costs you incur in connection with your access onto any Online Nanny Session.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of childcare whereby the parent/guardian can leave a child unattended at home.
6.2. Although Evelyn & bloom Ltd aims to provide the Services to the highest standards of the industry, neither it, nor its Nannies accept any liability for
(i) any inaccuracy or misleading information provided in the Online Nanny Sessions and any reliance by Client on any such information,
(ii) any loss or corruption of data,
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Evelyn & Bloom Ltd’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the Online Individual Nanny Session or Package & Subscription Classes in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Evelyn & Bloom Ltd’s liability for (i) death or personal injury caused by negligence,
(ii) fraudulent misrepresentation or
(iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Online Individual Nanny Session or Package & Subscription Classes and the daily topics discussed by the Nannies with the students, and remain, the intellectual property of Evelyn & Bloom Ltd or its licensors, whether adapted, written for or customised for the Student or not.
7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Individual Nanny Session or Package & Subscription Classes;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party company;
(iv) remove any copyright or other notice of Evelyn & Bloom Ltd on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any planning forming part of the Online Individual Nanny Session or Package & Subscription Classes.Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Individual Nanny Session or Package & Subscription Classes.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any of our staff or Nannies providing services for Evelyn & Bloom Ltd;
c. steal or act in fraudulent or deceitful manner towards any of our staff or Nannies providing Online Individual Nanny Session or Package & Subscription Classes;
d. commit any criminal offence committed on our premises or where the victim is staff, nannies or a student;
e. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Terms & Conditions and Class Specific Terms & Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Evelyn & Bloom Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the nanny’s family, illness of the nanny, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as yours and your child’s contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Evelyn & Bloom Ltd,
14.4 To enable us to monitor and improve our Services, we record our sessions via Zoom to ensure our lessons are being delivered correctly & to enable us to gather evidence of class disruptions or nanny unavailability.
14.5. We are not responsible for their data policies linked to third party websites or procedures or their content.
14.6. Evelyn & Bloom Ltd endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. If you wish to change or update the data we hold about you, please e-mail hello@evelynandbloom.com or contact us on +44759375280
15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: hello@evelynandbloom.com
Post: Evelyn & Bloom Ltd, Suite A
82 James Carter Road
Mildenhall
Suffolk
IP28 7DE
United Kingdom
Telephone: +44759375280
Thank you for booking with Evelyn & Bloom Ltd: 'The Children's Online Nanny' service.